Husbands, 23, who is facing two counts of first-degree murder and five counts of attempted murder after the Eaton Centre shooting, walked free in Hamilton after a prosecutor withdrew the nine weapons charges, which involved a loaded .40 calibre handgun.

At the time of the Eaton Centre shooting June 2, Husbands was out on $4,000 bail and under house arrest for an outstanding sexual assault charge from Nov. 2010.

On April 23, Husbands was in Hamilton court before Superior Court Justice James Ramsay on a 17-count indictment. Husbands was facing nine weapon charges, two counts of obstructing a police officer, five counts of breaching his bail conditions and one count of possession of marijuana.

The weapons charges relate to a March 29, 2010, incident in Hamilton in which Husbands was found sleeping in a 2004 Nissan Maxima. Hidden in a vent of the vehicle was a Heckler & Koch .40-calibre handgun. The firearm magazine was capable of holding more than 10 rounds.

By the end of the hearing, prosecutor Carey Lee would withdraw the weapons charges and proceed on just five counts — two of obstructing a police officer, two of breaching a bail condition and a single count of possession of marijuana.

Husbands pleaded guilty to those five charges. He did not have a record, according to a court transcript.

The Spectator left numerous messages for Lee, 50, who is on a previously arranged, six-month sabbatical. A pair of letters left in the mailbox of his Hamilton home have gone unanswered.

One count each of obstructing a police officer and breaching a bail condition relate to a March, 1, 2010, incident. At about 1:45 a.m., Hamilton police officer Amanda Vernon stopped Husbands for an expired validation sticker. Husbands gave the officer a false name, court was told. At the time, he was out on bail on an unspecified charge in Toronto and subject to a curfew. The Toronto charge was later withdrawn.

On March 29, 2010, at 2:58 a.m., Hamilton police officer Keith Malone noticed a parked vehicle with its headlights on. The officer found Husbands asleep in the driver’s seat. The accused gave the officer the same false name he had provided Vernon.

Husbands was asked to get out of the vehicle and the officer spotted and seized a small amount of marijuana. Husbands was bound by a bail curfew at the time.

On April 23, he appeared in court on the Hamilton charges.

“Your Honour, I would like, when you’re ready, to put some comments on the record as to why (there are) other counts the Crown’s not preceding on,” Lee told the court.

Lee said the first point was that Husbands was not the owner of the vehicle the gun was found in; Husbands did divulge to the officer who the owner was; and that a month later the actual owner approached the police compound to get his vehicle.

“He was questioned in terms of why it took him so long before he filled out the paperwork to take his vehicle. He said he was going out for a smoke and he never returned,” Lee said.

The owner’s behaviour suggested he knew “he was in some trouble in terms of that vehicle.”

Lee said dog spray was found on the floor of the vehicle.

But that wasn’t all.

“… and within the vent, there was this loaded handgun.”

Lee said he believed the owner knew about the gun.

“So the question was, is that, whether or not Mr. Husbands had any knowledge of it as he was in that particular vehicle,” Lee said.

Lee said police had no success locating the owner, who would have been charged with possession of a firearm.

“So you’re withdrawing the remaining counts then?” Ramsay asked.

“Yes, sir,” Lee responded.

Husbands told court he was employed as an after-school program worker for the City of Toronto.

“After-school program worker. So, is that like, early childhood education, that kind of thing?” Ramsay asked.

“Yeah, basically. We do, um, we basically pick up kids from school,” Husbands answered. “And we just provide them recreational activities for them to do until 6:30 p.m. when their parents pick them up.”

Ramsay sentenced Husbands to four months time served. On the marijuana possession conviction, Husbands received a $200 fine.

Defence lawyer Moishe Micha said his client would be content with that.

“These aren’t offences of dishonesty, or violence, so I hope your employer doesn’t have a problem with you continuing working. I don’t see why these offences should stop you from doing the job you are doing but they are not going to make it any easier for you to get work,” Ramsay told Husbands.

It is not known whether Husbands’ April 23 appearance in a Hamilton courtroom caused him trouble at work. What is known is that Husbands was charged after he allegedly opened fire in the Eaton Centre food court on June 2.

Husbands, who is in custody, will next appear in court on those charges on Aug. 25.

Key dates

March 1, 2010: Husbands is stopped in Hamilton for driving with an expired sticker. He is charged with obstructing a police officer. Since he is out on bail on an unspecified Toronto charge, he is also charged with breaching a bail condition.

March 29, 2010: A Hamilton police officer approaches Husbands, who is sleeping in the driver’s seat of a parked car with the headlights on. Husbands is charged after a handgun and marijuana are found in the car.

Nov. 2010: Husbands is charged with sexual assault. He is subsequently released on $4,000 bail and put under house arrest.

April 23, 2012: Husbands appears in court on the Hamilton charges. Most are dropped, including nine weapons charges. He pleads guilty to five charges, including breach of bail and possession of marijuana. He is sentence to time served.

June 2, 2012: A shooting spree in the Eaton Centre food court leaves one dead and several others injured. A second victim would die nine days later.

June 4, 2012: Husbands turns himself in to Toronto police. He now faces two counts of first-degree murder and five counts of attempted murder.